Nakuru court acquits bishop accused of defilement, rebukes him for false testimony

Bishop Daniel Lubanga when he appeared before the Nakuru Court for hearing of a defilement case. PHOTO: JOSEPH KIPSANG

A bishop accused of defiling a 16 year old minor on diverse dates between January 2009 and January 2011 lied to the court while tendering his evidence.

While reading the judgment in court on Thursday Senior Resident Magistrate Judicaster Nthuku said Bishop Daniel Lubanga of Christ Chapel Church in Nakuru in his evidence demonstrated to the court the kind of a liar he was.

The magistrate stated that Lubanga in his evidence told the court that in a meeting held at Kokeb the minor said she was not defiled by him.

However, all the other persons who attended the meeting including Lubanga's brother said the girl in the meeting maintained that she had been defiled by the bishop.

"The bishop in his evidence demonstrated to this court what a liar he is, he said the girl during the meeting said he didn't defile her, however those who attended the meeting including the Bishop's own brother said the girl maintained she was defiled by him," read the magistrate.

Lubanga also told another lie that the girl had specifically called the meeting to ask for forgiveness. The chair of the meeting while testifying in court had said the meeting's purpose was to establish the truth of the defilement allegations and each party in the meeting had maintained its position.

Lubanga insisted she had not defiled the minor while the minor pointed fingers at him saying he did it to her.

It came out clearly that it is not the minor who sought the bishop's forgiveness but the resolution of the meeting were if the girl was defiled she should forgive the bishop and if the minor had told a lie against the bishop, the bishop should forgive her.

The meeting was held and for the sake of the church's name they were asked to forgive one another.

"So here is a bishop who comes to court, swears with the bible and proves himself a brave faced liar, what a pity! If he was facing charges of being a liar I would have return a verdict of guilty," read the judgment.

The bishop despite lying walked out of court reprieved after the magistrate pronounced a judgment of acquittal to him.

The magistrate in her judgment said the evidence on record fell short of proof enough to convict Lubanga.

According to her the evidence could not meet the threshold of proving a case beyond reasonable doubt required in criminal cases.

"The evidence on record falls short, it does not meet the threshold as required in criminal cases" read the magistrate.

"I therefore find that the charges of defilement and the alternative charge of committing indecent act have not been proved beyond reasonable doubt and I acquit him under Section 215 of the Criminal Procedure Code Cap 75 laws of Kenya"

The magistrate in her judgment noted that most of the evidence was already lost at the time the minor was taken to hospital for examination.

It came to light that the minor was examined on February 23, 2012 two years later after the alleged defilement happened.

The doctor in his report noted that the minor had an old broken hymen but no recent injuries were noted.

If conviction could happen then it would have happened under suspicion.

Lubanga was however accused of lying to the court at the time of giving his testimony and defense.